Contract Practice Flashcards

1
Q

On your PwC project you mentioned “NBS Chorus”. What is that?

A

The software used to assemble the Contract Preliminaries.

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2
Q

You mentioned the Contractor would need some insurances, could you list some insurances the Contractor might need under a JCT D&B?

A

1) Contractor’s all risk
2) Professional Indenmity
3) Bonds (Performance bonds, material off-site bond).

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3
Q

On Chelsea Barracks & PWI, you stated working with Vesting certificate. What is this?

A

Used to confirm that the ownership of the goods, plant, or materials will transfer from one party to another on payment.

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4
Q

What are alternatives to a vesting certificate you could use?

A

Materials off-site bond.

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5
Q

What is a performance bond?

A

A performance bond is a form of security for the Employer or Developer.

It is a guarantee from the bank / insurance company to make payment to the employer should the Contractor default under the contract.

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6
Q

What was the value of the bond

A

1% of the Contract Sum, around £225,000

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7
Q

What is the typical cost of a performance bond?

A

It depends on the financial stability of the Contractor and the number of previous claims. But typically 1% of the contract sum.

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8
Q

Are you aware of any case law relating to Construction?

A

Ampleforth Abbey Trust vs Turner & Townsend

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9
Q

What value did the performance bond protect the Client?

A

10% of the Contract Sum.

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10
Q

What are signs a Contractor is financially unstable?

A

1) Word of mouth
2) Cashflow issues
3) Lack of personnel on site
4) Delays on site / poor quality
5) High cost in performance bond

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11
Q

What are the different kinds of performance bonds?

A

Conditional and On-demand

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12
Q

What is a conditional bond?

A

The Client must provide evidence that the Contractor has not met the terms of the Contract. They must also prove they have suffered financial loss.

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13
Q
A
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